Category: Foreign investment & other inflows

Is India ready to tame global tech giants

Global technology companies such as Google, Facebook, Amazon, and Apple have been under the radar of governments in many countries for  trying to steamroll competition by either buying their competitors (even if that meant spending mammoth sums) or pushing other vendors to avoid working with them. In June 2019, the US Congress and an antitrust panel of the House Judiciary Committee began a probe into the nature and working of the aforementioned big 4 who together have market capitalization of US$ 5 trillion. Based on collected documents and testimonies from workers of these firms and from rivals (it collected 1.3 million documents), prima facie the panel inferred that they had tried to push them out of the market using unfair...
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The case for a 15% tax rate for India Inc

A uniform tax rate of 15% (17.1% with add-ons) will, among other things, minimise tax litigation that arises largely due to multiple interpretations of a plethora of exemptions and deductions in tax legislation. Besides that, exemptions/incentives make the Indian law cumbersome to a point whereby it makes any prospective investor scary. A major factor affecting India’s ability to attract foreign investment for long has been the high rate of corporate tax. In 2018-19, the rate of tax on domestic companies was 30%. Including surcharge and cess, the total tax incidence is 34.9%. This made India an outlier as the corporate tax rate in other countries is much lower; for example, the US (21%), the OECD average (21.4%), China (25%), Vietnam...
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FDI through front door

The Govt must allow 100 per cent FDI in retail as this will level the playing field for all, eliminate discretion of bureaucrats whose writ is all-pervasive and help small traders On April 22, the California-based US internet giant, Facebook, announced its decision to buy 9.99 per cent stake in Jio Platforms Limited (JPL) paying more than Rs 43,450 crore. JPL is a 100 per cent subsidiary of Reliance Industries Limited (RIL) and has in its fold a wide spectrum of businesses such as wireless broadband, home broadband, enterprise broadband, narrowband, internet-of-things businesses, a bouquet of digital applications, e-commerce and so on. This was followed by a flurry of investments with big names such as  General Atlantic, Silver Lake, Qualcomm, Intel,...
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FDI in retail – bring from the front door

On April 22, 2020, the California based US Internet giant Facebook announced its decision to buy 9.99% stake in Jio Platforms Limited (JPL) paying more than Rs 43,450 crore. JPL is a 100% subsidiary of Reliance Industries Limited (RIL) and has in its fold a wide spectrum of businesses such as wireless broadband, home broadband, enterprise broadband, narrow-band, internet-of-things businesses, a bouquet of digital applications, e-commerce etc. This was followed by a flurry of investments with big names such as  General Atlantic, Silver Lake, Qualcomm, Intel, Vista, Google etc bringing in cumulative investment of over Rs 100,000 crore taking the total to Rs 150,000 crore. In lieu of this capital infusion, they get aggregate shareholding of 30% or Rs 5000 crore...
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Remodel Google tax

Tech giants are getting away by not paying tax in the source country but the fact remains that their profits are coming from users located within the Indian territory. This anomaly needs to be addressed soon On June 2, the Trump administration announced a probe into digital services taxes that have been either adopted or are under consideration by its trading partners viz, Austria, Brazil, the Czech Republic, the European Union (EU), India, Indonesia, Italy, Spain, Turkey and the UK. This refers to the so-called “Section 301 investigation” by the United States Trade Representative (USTR) to determine whether levies on electronic commerce discriminate against US technological giants like Apple, Google, Amazon and so on. The probe could lead to the...
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Corporate India – tax all @15%

A major factor affecting the competitiveness of Indian industries and India’s ability to attract foreign investment for long has been the high rate of corporate tax. In 2018-19, the rate of tax on domestic companies was 30%; including surcharge and cess, the effective incidence worked out to 34.9%. Given that the corporate tax rate in other countries viz. US (21%), OECD average (21.4%), China (25%), Vietnam (20%), Thailand (20%), Singapore (17%) etc, was much lower, this made India a sort of outlier when seen from the perspective of a potential investor looking for investment opportunities. Though, the Income Tax (IT) law provides for a spate of exemptions and incentives which facilitates reduction in the tax liability, the effective incidence continues...
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Facebook–Jio deal – will it cheer mom-and-pop

Amidst all round gloom caused by Corona virus that has also impacted foreign direct investment [FDI] [during the first quarter of 2020, it has dipped by 30%], comes a buoyant news. On April 22, 2020, the California based US Internet giant Facebook announced its decision to buy 9.99% stake in Reliance Industries Limited [RIL] digital unit Jio Platforms Limited [it owns a wide spectrum of businesses viz. wireless broadband, home broadband, enterprise broadband, narrow-band, internet-of-things businesses and a bouquet of digital apps], for US$5.7 billion [more than Rs 43,450 crore]. While, the deal gives an opportunity to Facebook foray in India’s telecommunication sector [after unsuccessful attempts made in the past], RIL gets to pare its debt – currently about Rs 300,000...
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Caught in a cleft stick

Though Govt policy disallowed e-commerce platform owners from direct selling, the fine print permitted them to do so through a subsidiary or JV. And they have been doing so Any announcement of foreign direct investment (FDI) is normally welcome in view of its contribution to capital formation, accelerating economic growth and adding to the foreign exchange kitty. Deviating from this normal practice, last month, the Union Minister for Commerce and Industry, Piyush Goyal was dismissive about the decision of the Amazon boss to bring a few billion dollars into India. He felt that Jeff Bezos was bringing money to make up for the huge loss the company was incurring in its operations in the country. Losses or gains are intrinsic to any...
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Telecom industry on the brink; Trai, banks need to play proper role

In an order delivered on October 24, 2019, the Supreme Court (SC) directed the telecom service providers (TSPs) to pay ‘unpaid’ dues towards license fee and spectrum usage charges (SUC) to the department of telecommunication (DoT). In doing so, the SC accepted DoT’s interpretation that adjusted gross revenue (AGR) (license fee and SUC is charged as a percentage of AGR) includes – apart from telecom services revenue – revenue from non-telecom services such as rent, profit on the sale of fixed assets, dividend, interest etc. Given the inherent character of the order with focus on including revenue from non-telecom services as well, it requires even companies such as Gas Authority of India Limited etc (they had taken licenses for setting up their...
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Between the devil and the deep blue sea

An announcement of foreign direct investment [FDI] in India is normally welcome in recognition of its contribution to capital formation, accelerating growth and adding to our foreign exchange kitty. Deviating from this normal practice, last month, the union minister for commerce and industries, Piyush Goyal was dismissive about the decision of Amazon boss to bring a few billion dollars to India. Goyal meant that Jeff Bezos was bringing money to make up for the huge loss the company was incurring on its operations in India. Losses or gains are intrinsic to any business. So, what was so special about the terse observation by the minister? Amazon essentially operates the ‘market-place’ model of e-commerce – a special dispensation carved out by...
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